ELLIS v. STATE

No. 5D99-1438.

754 So.2d 887 (2000)

Francisco ELLIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 14, 2000.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Anne Moorman Reeves, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Pamela J, Koller, Assistant Attorney General, Daytona Beach, for Appellee.


COBB, J.

The defendant contends on appeal that the lower court erred by denying his motion for judgment of acquittal on the charges of attempted sexual battery because the evidence showed improper touching on multiple occasions, but there was no evidence of any intent to penetrate the victim's vagina. The child victim did not testify to anything more than improper touching. No medical evidence was presented. In a taped interview of the defendant, presented into evidence...

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